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BAVA BASRA 2-8 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.


1. The Gemara asks about whether a person who says that he repaid a loan before it was due is believed.
2. The Gemara discusses the case of a person who admitted in front of witnesses that he owes his friend money.
3. The Gemara discusses the rights of a person who rents a room in an inn.
4. There is a dispute about whether one may use certain parts of the inn (see #3 above).
5. When the owners of two facing houses wish to build walls on their roofs for privacy from the other neighbor, they do not need to build two entire walls.


1. Do we say that since he would have been believed to say that he paid it when it was due, he should be believed to say he paid it before it was due? Or do we say that this is not a good claim because there is a Chazakah that people simply do not pay loans before they are due?
2. If, after his admission, he claims that he paid back the money, he is believed. If, after his admission, he claims that he never borrowed the money, he is not believed; since he originally admitted, in front of witnesses, that he borrowed, it is as if he actually borrowed in front witnesses, who now contradict his claim that he did not borrow. Accordingly, it must be that he borrowed and did not pay back.
3. All agree that one may use the outer walls of the entire inn, including the ledges and holes inside the walls, up to four Amos off the ground.
4. Rabah bar Avuha: He may not use the walls of the garden. Rav Nachman: He may use the walls of the garden, but not the walls of the backyard. Rava: He may use the walls of the backyard as well.
5. If one of the neighbors builds a wall on the edge of his roof starting from the north side and the other builds starting from the south side, and the length of each wall extends just beyond half of the length of the roof, it effectively blocks each neighbor from seeing into the other person's property.

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